Divorce in California (The Basics)

What grounds are there for divorce? There are two grounds for divorce in California: 1) irreconcilable differences and 2) incurable insanity. California is a no-fault state—meaning that judges don’t care who cheated on who or why you are splitting up. They just need to know that one of the spouses thinks the marriage is totally broken and can’t be fixed.… Read More

What Relationships Should the Law Recognize? (Reality T.V. meets legal reality)

As much as we collectively love to hate reality television, reality T.V. seems to identify hot issues and take our cultural pulse. The Real World tackled race, sexual orientation, health issues, and September 11. Hoarders on A&E attempts to tackle a mental illness that was not discussed in America, let alone pop culture.… Read More

Post-Judgment Discovery and Modifications (How to see how much $$ your Ex earns)

You may be receiving child support and you don’t think it’s enough.  You may be paying spousal support but think your ex is actually making more now than at the time of the divorce.  Before filing a motion to modify support, wouldn’t it be great to know how much money they are making—so you don’t waste your time or money? … Read More

Affirmed with Poetry (Quotes)

This case comes out of Michigan where someone’s oak tree was damaged by an errant car.  Unfortunately the Plaintiff lost for a few different procedural reasons.  The judge lamented with this opinion: A suit to compensate a tree. A suit whose claim in tort is prest Upon a mangled tree’s behest; A tree whose battered trunk was prest Against a Chevy’s crumpled crest; A tree that faces each new day With bark and limb in disarray; A tree that may forever bear A lasting need for tender care.… Read More

Cars and Divorce

Sometimes we get phone calls from people (whom we didn’t represent) after their divorce asking us to figure out what happened.  It’s common for people to be a bit rattled and confused on their way out of the “family law machine,” especially when they represent themselves.… Read More

Do-it-yourself Divorce (This isn’t ikea furniture, people…)

Facing the financial struggle of splitting into two households, many married couples try and save money by representing themselves in their divorce.  For some couples—it can be feasible.  For most it’s a bad idea.  Do-it-yourself is great when you are putting together Ikea furniture or changing you oil, but divorce and custody matters are more permanent and important. … Read More

Goodbye 4th Amendment (Oh we can just subpoena that instead of getting a warrant…)

Normally law enforcement conducts its investigations through warrants, which are needed to conduct searches or seizures.  Warrants require probable cause–which is specific facts that make it reasonable to believe that a specific person is involved in a specific crime.  Warrant-less searches (with exceptions that take up an entire semester of constitutional criminal procedure) are inadmissible.… Read More